India Passes Controversial Waqf Bill on Muslim Properties After Fierce Debate

India’s Parliament has approved the controversial Waqf (Amendment) Bill, 2025, sparking intense debate and backlash from opposition parties and Muslim organizations.

The legislation, introduced by Prime Minister Narendra Modi’s Hindu nationalist government, seeks to overhaul the management of waqf properties—assets donated by Muslims for religious or charitable purposes.

While the government claims the bill promotes transparency and inclusivity, critics argue it undermines minority rights and threatens the autonomy of Muslim institutions.

What Are Waqf Properties?

Waqf refers to assets permanently dedicated by Muslims for religious or charitable purposes, such as mosques, schools, hospitals, and burial grounds. These properties are inalienable, meaning they cannot be sold, gifted, or inherited once designated as waqf. In India, waqf properties are managed by state-level boards and the Central Waqf Council.

With over 851,000 waqf properties valued at billions of dollars, these endowments represent one of the largest landholdings in India. However, their management has long been plagued by issues such as corruption, mismanagement, and encroachments.

Key Provisions of the Waqf (Amendment) Bill

The Waqf (Amendment) Bill introduces several significant changes to the governance of waqf properties:

  • Inclusion of Non-Muslims on Waqf Boards: The bill mandates the inclusion of non-Muslim members in state and central waqf boards. The government argues this move will enhance diversity and accountability.
  • Government Oversight on Property Ownership: It grants district-level officers authority to verify ownership claims of waqf properties, shifting this power away from waqf tribunals.
  • Digitization of Records: A centralized digital portal will be created to track waqf properties and prevent unauthorized transactions.
  • Reduced Contributions: The bill reduces mandatory contributions from waqf institutions to boards from 7% to 5%.
  • Women’s Rights: Specific provisions aim to protect inheritance rights for widows, divorced women, and orphans before a property is declared as waqf.

Government’s Justification

Prime Minister Narendra Modi described the bill as a “turning point,” emphasizing its potential to address systemic issues like corruption and mismanagement within waqf boards.

Minority Affairs Minister Kiren Rijiju argued that the legislation would empower poor Muslims while ensuring better governance of waqf assets. He accused previous governments of neglecting the socio-economic conditions of Muslims.

Supporters within Modi’s Bharatiya Janata Party (BJP) claim that the bill aligns with democratic principles by fostering inclusivity and transparency in waqf management.

Opposition’s Concerns

Opposition parties, led by Congress, have strongly criticized the bill as unconstitutional and discriminatory against Muslims. Congress leader Mallikarjun Kharge warned that it would weaken minority rights and fracture Indian society. Rahul Gandhi labeled it a “weapon aimed at marginalizing Muslims” and accused the BJP of targeting minority communities under the guise of reform.

Muslim organizations have also voiced their objections. The All India Muslim Personal Law Board (AIMPLB) condemned the bill as a violation of constitutional rights and an attempt to seize Muslim-owned assets. AIMIM leader Asaduddin Owaisi argued that the amendments would lead to legal complexities favoring government acquisition of waqf properties.

Implications for Muslim Communities

The inclusion of non-Muslims on waqf boards has been particularly contentious. Critics argue that this provision interferes with religious autonomy and dilutes Muslim authority over their own charitable trusts. Many fear that historic mosques, shrines, graveyards, and other waqf properties could be confiscated or repurposed under government control.

Additionally, transferring ownership determination from waqf tribunals to government-appointed collectors raises concerns about political bias and reduced independence in decision-making. This shift could pave the way for disputes over property titles and encroachments.

Muslim leaders also worry that digitizing records might expose undocumented donations made centuries ago to legal challenges or claims by radical groups.

Broader Context

The passage of this bill comes amid growing tensions between India’s Hindu nationalist government and its Muslim minority. Critics view it as part of a larger agenda to marginalize Muslims in a country where they constitute 14% of the population but remain one of the most impoverished groups.

The US Commission on International Religious Freedom recently highlighted declining conditions for religious freedom in India under Modi’s leadership. Reports indicate increasing instances of discrimination against Muslims in areas such as dietary practices, clothing choices, and interfaith marriages.

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